Sex Discrimination

Sex Discrimination

The attorneys at Patterson Harkavy have litigated some of the highest profile sex discrimination lawsuits in the state. In one case, our attorneys secured the largest sexual harassment jury verdict in state history. In another, we successfully challenged Duke University’s exclusion of a female placekicker from the university’s football team.

If you think you were the victim of unlawful sex discrimination, contact us to see if we can help.

What Is Sex Discrimination?

Sex discrimination occurs when an employer treats a job applicant or employee unfavorably because of his or her sex.

What Laws Make Sex Discrimination Illegal?

Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of a number of characteristics, including sex. Title VII prohibits not only intentional discrimination, but some forms of “disparate impact” discrimination, where an employment practice unintentionally places a greater burden on one gender. It likewise prohibits sexual harassment if it is frequent or severe enough to create a hostile work environment, or if results in a “tangible employment action” such as firing, demotion, or a failure to promote. Sex discrimination includes discrimination based on someone’s sexual orientation or gender identity. Employees can pursueTitle VII claims if they have faced discrimination because they are gay, lesbian, or transgender, as well as if their gender expression does not fit within traditional sexual stereotypes.

The Equal Pay Act of 1963 (“EPA”) is a part of the Fair Labor Standards Act prohibiting employers from paying male and female employees differently when those employees work at the same establishment, perform very similar work requiring the same skill and effort, and have similar levels of responsibility and similar working conditions. The EPA considers “wages” to include both employees’ salaries and benefits.

The Lilly Ledbetter Fair Pay Act was signed into law in 2009. It amended the statute of limitations in Title VII to allow a victim of wage discrimination to recover back pay for up to two years before the filing of a discrimination claim.

Make an Impact: Protect Your Rights

Patterson Harkavy’s attorneys have successfully litigated cases of sex discrimination across North Carolina. If you believe you have been discriminated against at work due to your sex, sexual orientation, or gender identity, we would be glad to discuss your situation and what you can do to get compensated for the discrimination you faced. Call Patterson Harkavy at 1-800-458-2541 or contact us online today.

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